Noncompete provisions increasingly disfavored across the country
March 1st, 2022
Many employers require employees to sign a noncompete “agreement” before the employee will be hired or, in the context of merger or acquisition, can keep their job. These noncompete provisions prevent employees from working for competitors for a…
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Categories: Blog
DOL increasing enforcement in key areas of the economy
February 14th, 2022
The United States Department of Labor (“DOL”) has publicly committed to ensuring that employers respect the rights of key employees on the frontline of the ongoing pandemic. In particular, the DOL’s Wage and Hour Division now prioritizes the en…
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Categories: Blog
The attack against voting rights intensifies much like the attack against workplace protections, healthcare equity, and climate justice
January 24th, 2022
Restrictions of voting rights began well before the last election cycle in the United States, but those anti-democratic efforts have escalated dramatically since now-President Joseph Biden won the last election. The voter-suppression efforts at the S…
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Categories: Blog
The way ahead in 2022
December 20th, 2021
As a turbulent 2021 comes to a close, the uncertainty persisting throughout much of year appears likely to continue in 2022. Regarding labor & employment law and civil rights, in particular, various factors make it difficult to predict with preci…
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Categories: Blog
Despite repeated examples of deadly police misconduct, the Supreme Court strengthens defense for police in misconduct cases
November 15th, 2021
The United States Supreme Court adopted the defense of qualified immunity many years ago to prevent public employees from being sued successfully for what they do (or do not do) in the line of duty. This defense turns on the idea that public servants…
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Categories: Blog
WNBA’s COVID-19 vaccine experience highlights the value of unions and workplace democracy
October 1st, 2021
Employers in a variety of industries continue to have difficulty securing vaccination rates recommended by public health experts to maximize protection for employees and the general public against the ongoing COVID-19 pandemic. On one extreme, some e…
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Categories: Blog
Biden Administration tackling workplace safety issues as the climate crisis escalates
September 27th, 2021
Most now recognizes that the climate has changed significantly in recent years, with virtually every successive year being warmer than the previous one. Although the politicization of this issue has created unnecessary confusion about the primary cau…
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Categories: Blog
DOL moves employment law in right direction
August 2nd, 2021
On July 30, 2021, the United States Department of Labor (“DOL”) rescinded a rule adopted under the prior Federal administration that limited when more than one company is responsible for wage theft, employee misclassification, or other violations…
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Economic analysis shows better enforcement needed to protect employee rights
July 1st, 2021
The reports of widespread wage theft, employee misclassification, and employer retaliation have continued, if not increased, in recent years. Consequently, the results of a new study are both unsurprising and deeply troubling for those who seek workp…
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Categories: Blog
EEOC steps up to address the pandemic’s impact
June 9th, 2021
The United States Equal Employment Opportunity Commission (“EEOC”) recently issued public guidance regarding the use of incentives to encourage employees to be vaccinated against COVID-19. This technical assistance from the EEOC outlines how empl…
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